Vikas Kumar Chauhan vs Mussoorie-Dehradun Development Authority & Others

Manoj Kumar Tiwari, J

By means of this writ petition, following relief has been sought:

“a) Issue a writ, order, or direction in the nature of mandamus commanding respondent nos. 1 and 2 to take appropriate action for sealing and

demolition of illegal construction raised by respondent no. 3 against the bylaws of M.D.D.A., taking appropriate action on the complaint dated

01.06.2020 (Annexure No. 1 to the writ petition), 08.06.2020 (Annexure No. 2 to the writ petition), 06.07.2020 (Annexure No. 3 to the writ petition)

and 28.07.2020 (Annexure No. 4 to the writ petition), made by the petitioner, forthwith or within stipulated time, which this Hon’ble Court deem fit

and proper in facts and circumstances of the case.â€​

It is alleged in the Writ Petition that respondent no. 3 has encroached upon a public road, by constructing a tin-shed, in which he is running a

tailoring shop. It is alleged that a number of complaints were made by the petitioner to the concerned authorities; but, no action has been taken in the

matter up-till now.

Mr. Rahul Consul, learned counsel appearing for Mussoorie-Dehradun Development Authority assures the Court that if any encroachment is made

by respondent no. 3, as alleged by the petitioner, then suitable action shall be taken against him, in accordance with law.

Having regard to the facts and circumstances of the case, writ petition is disposed of with a direction to Secretary, Mussoorie-Dehradun

Development Authority to look into the complaint made by the petitioner against respondent no. 3. While taking any decision on the complaint,

respondent no. 3 shall also be heard.

This Court hopes and expects that appropriate order, in accordance with law, shall be passed within four weeks from the date of production of

certified copy of this order.